JUDGMENT

Dr. Anand, J. - The appellant alongwith four absconding accused Man Singh, Babu Lal, Arjan and a son-in-law of Ganesh was charge-sheeted for committing the murder of Dullen Maddi, wife of PW 2, Murka Maddi on 31.8.1982 at about 8.00 p.m. It is alleged by the prosecution that after causing injuries to the deceased, the assailants buried her dead body with the intention of screening the offenders from legal consequences. The learned Additional Sessions Judge, Burdwan convicted the appellant for offences under Section 302/34 IPC and Section 201 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- for the offence under Section 302/34 IPC and RI for a period of 5 years and a fine of Rs.2,000/- for the offence under Se9tion 201 IPC. The substantive sentences were however, directed to run concurrently. His appeal before the High Court of Calcutta against conviction and sentences failed on 31.7.1990. Hence, this appeal by special leave.

2. The prosecution case against the appellant is that the villagers of Dhupchindanga in Burdwan District were under an impression that the deceased was a witch and was responsible for the death of the infant daught